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Name: In re: J.R.
Case #: F084654
Opinion Date: 04/27/2023
Attorney: Karriem Baker

In 2022, the district attorney successfully moved the juvenile court to transfer appellant to the superior court to be tried as an adult for various crimes. The juvenile court granted the transfer based on a preponderance of the evidence standard. The Court of Appeal found the juvenile court’s order must be reversed based on Assembly Bill No. 2361. AB 2361, which became effective January 1, 2023, retroactively requires the transfer of a minor from juvenile court to a criminal court to be based on “clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court,” rather than the former preponderance of the evidence standard. (Welf. & Inst. Code, § 707, subd. (a)(3).) Consequently, the court reversed the juvenile court’s order and remanded for a new fitness hearing.